[Adopted as Ch. 14, Art. II, of the 1994 Code of Ordinances]
This article is enacted to regulate the sale and transportation
of alcoholic beverages in the Township in accordance with the New
Jersey Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq., and
in accordance with the rules and regulations established by the Division
of Alcoholic Beverage Control.
As used in this article, words and phrases shall have the same
meanings they have in N.J.S.A. 33:1-1 et seq. and the rules and regulations
established by the Division of Alcoholic Beverage Control.
A.
All applications for licenses, all licenses issued and all proceedings
under this article shall be in accordance with all applicable laws
of the state and the United States.
B.
All licenses required by this article shall be issued by the Council,
which shall also administer the provisions of this article.
[Amended 11-2-1994 by Ord. No. 94-050; 7-5-2007 by Ord. No.
07-718; 3-19-2008 by Ord. No. 08-011]
A.
The maximum number of licenses for the sale or distribution of alcoholic beverages in the Township pursuant to N.J.S.A. 33:1-12 shall be as follows, and the annual license fees are set forth in Chapter 215, Fees:
[Amended 10-21-2014 by Ord. No. 14-067[1]]
B.
The provisions of this section with respect to the limitation on
the number of licenses shall not apply to the renewal or transfer
of licenses presently issued.
[Amended 12-7-1994 by Ord. No. 94-056]
A.
Hours of sale. No alcoholic beverages shall be sold, served, consumed
or delivered to any consumer in or from any licensed premises on any
day between the hours of 2:00 a.m. and 7:00 a.m., except that on Sunday
no alcoholic beverages shall be sold, served, consumed in or delivered
to a licensed premises between the hours of 2:00 a.m. and 9:00 a.m.
This subsection shall not apply to January 1, when there shall be
no restricted hours of sale.
B.
Closing hours. No licensee shall suffer any person, patron or customer
to consume any alcoholic beverages upon the licensed premises after
the hour set for closing and during the hours when the sale, delivery,
service or consumption of alcoholic beverages is forbidden. No licensee
shall suffer any person, other than employees, to remain upon the
licensed premises after the hour set for closing and during the hours
when the sale, delivery, service or consumption of alcoholic beverages
is forbidden; provided, however, that this provision shall not apply
to restaurants and the public dining rooms of hotels.
Licensed premises shall at all times be kept in a safe, clean
and sanitary condition. All rooms, passageways, entrances, exits and
stairways must be well lighted.[1]
Persons under the age of 21 years shall not be allowed to frequent, loiter or remain in any room used or devoted to the sale, service or consumption of alcoholic beverages upon a licensed premises, unless accompanied by their parent, guardian or adult husband or wife; provided, however, that this provision shall not apply to restaurants or to guest rooms and private and public dining rooms in hotels, and further provided that this provision shall not apply to establishments operating teen nights as permitted pursuant to § 99-12.
Licensed premises may be opened and operated in accordance with
state regulations for teen night activities, during which activities
minors who shall have attained the age of 17 years shall be permitted
to be present on the licensed premises, subject to the following rules
and regulations:
A.
A permit for the operating of a teen night shall be issued by the
Township Council upon application made to the Township Clerk at least
10 working days prior to the event, stating, in addition to all other
pertinent information required, the time and place of the activity,
the nature of any and all entertainment or activities, the maximum
number of persons who are to be admitted, the availability of security
personnel, parking and other factors relating to security and public
safety.
B.
All applications filed with the Clerk of the Township shall be referred
to the Chief of Police or a police officer designated by him, who
shall immediately institute an investigation of the application. This
investigation shall include a consultation with other appropriate
code enforcement officials to ensure that the activity is in compliance
with all applicable provisions of this Code.
C.
After the completion of his investigation, the Chief of Police or
his designee shall report his findings to the Township Council. The
findings shall include a recommendation concerning adequate security
for the proper conduct of the activity. This recommendation shall
be adopted by the Township Council as a condition of any permit issued
by the Council.
D.
The Township Council shall deny the permit whenever, by reason of
location, number of attendees, parking, traffic or other aspect of
the activity conducted under the permit, the public health, safety
and welfare will be affected to a material degree.
E.
Compliance with all regulations relating to the conduct of teen nights
adopted by the state shall be a condition for the granting of a permit
under this section. If alcoholic beverages are found to be present
on the premises, other than the stock of the licensee fully concealed
from view, the licensee shall be presumed to be in violation of the
teen night regulations and shall be subject to license disciplinary
charges and the penalties attendant thereto under this article. In
addition to any and all disciplinary penalties, the licensee shall
be disqualified from teen night permit applications for a period of
time to be determined by the Township Council following a disciplinary
hearing on any and all charges or violations under this section.
F.
No licensee shall be entitled to more than one teen night in any
one calendar week, commencing Sunday and ending Saturday.
[Amended 2-3-1993 by Ord. No. 93-010; 12-8-1993 by Ord. No.
93-054; 1-22-2003 by Ord. No. 02-042; 7-5-2007 by Ord. No.
07-018; 12-20-2022 by Ord. No. 22-050]
A.
Location/distance.
(1)
Premises
applying for a hotel/motel license shall be located more than 1,300
feet, walking legally, door to door, from any premises currently holding
a hotel/motel license as of January 1, 2023. No hotel/motel license
shall be issued or transferred to any premises located within 300
feet of any premises for which a club license exists and has been
issued as of January 1, 2023.
(2)
Premises
applying for a plenary retail consumption license shall be located
more than 1,300 feet, walking legally, door to door, from any premises
currently holding a plenary retail consumption license as of January
1, 2023. No plenary retail consumption license shall be issued or
transferred to any premises located within 300 feet of any premises
for which a club license exists and has been issued as of January
1, 2023.
(3)
Premises
applying for a plenary retail distribution license shall be located
more than 1,300 feet, walking legally, door to door, from any premises
currently holding a plenary retail distribution license as of January
1, 2023. No plenary retail distribution license shall be issued or
transferred to any premises located within 300 feet of any premises
for which a club license exists and has been issued as of January
1, 2023.
(4)
Premises
applying for a club license shall be located more than 300 feet, walking
legally, door to door, from any premises currently holding a club
license. No club license shall be issued or transferred to any premises
located within 300 feet of any premises for which a hotel/motel license,
a plenary retail distribution license, or a plenary retail consumption
license exists and has been issued as of January 1, 2023.
(5)
Separate
premises holding different categories of a license listed in this
article may be located within 1,300 feet of each other.
B.
A legally
licensed premises may renew for the same premises any aforesaid license
which has previously been issued and in effect as of January 1, 2023.
C.
Any premises
for which a license under this article is not in compliance as of
January 1, 2023, will be grandfathered in and may still continue to
be licensed under this article in the future under new ownership.
D.
Any premises
for which a license under this article has been issued and valid as
of January 1, 2023, may still be licensed under this article in the
future under new ownership.
No more than one plenary retail consumption license or more
than one plenary retail distribution license shall be granted, issued
or transferred to any person in the Township, and all licenses shall
cover only the licensed premises; provided, however, that the provisions
of this section shall not apply in the case of the renewal of any
such licenses outstanding on June 3, 1952.
No person under the age of 18 years shall be permitted to sing,
dance, perform, act, play in an orchestra or in any manner exhibit
himself in any performance or entertainment held, given, offered or
conducted on licensed premises. Persons between the ages of 18 and
21 may be engaged in such activities, provided they are in the possession
of an employment permit properly issued under the rules and regulations
of the Alcoholic Beverage Commission.
A.
Any license issued under this article may be suspended or revoked
for violation of any of the provisions of this article or any provision
of any applicable statute or any of the rules or regulations of the
State Director of Alcoholic Beverage Control.
B.
Proceedings for suspension or revocation shall be in accordance with
the provisions of N.J.S.A. 33:1-31 by service of a five-day notice
of charges preferred against the licensee and affording a reasonable
opportunity for hearing.
C.
Suspension or revocation of a license shall be in addition to any
other penalty which may be imposed for a violation of this article.
[Added 9-16-2009 by Ord. No. 09-027]
A.
A minimum bid not to exceed $25,000 plus $50 per sleeping room may
be required for the issuance of a license to a hotel or motel if the
dining facilities of the hotel or motel are regularly and principally
used to provide only meals for catered events and breakfast for guests
of the hotel or motel.
